Argued October 17, 2006
Decided May 8, 2007
No. 05-1396
VENETIAN CASINO RESORT, L.L.C., PETITIONER
v. NATIONAL LABOR RELATIONS BOARD, RESPONDENT
LOCAL JOINT EXECUTIVE BOARD OF LAS VEGAS, INTERVENOR FOR RESPONDENT
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In response to a union demonstration on its sidewalk, the Venetian Casino Resort, LLC (“Venetian”) took actions that the National Labor Relations Board (“NLRB” or “Board”) concluded were unfair labor practices that violated section 8(a)(1) of the National Labor Relations Act (“NLRA” or “Act”). The Venetian broadcast a message over loudspeakers warning the demonstrators that they were committing criminal trespass, attempted a “citizen’s arrest” of a union official, and asked the police to keep the demonstrators off the sidewalk. In this petition for review of the Board’s order, the Venetian argues that its conduct, which we conclude the Board reasonably found was intended to interfere with a lawful demonstration, was nevertheless protected by the First Amendment. We conclude that the broadcast message and the attempt to arrest the union official were not so protected and therefore affirm the Board’s decision on those points. Because the Board failed to address whether the First Amendment protected summoning the police, we remand this matter to the Board to address that question.